DRUG and ALCOHOL POLICY STATEMENT (Sample)

DRUG AND ALCOHOL POLICY STATEMENT (Sample)

Company X maintains an environment free from controlled substances (drugs) and alcohol induced impairment.

It is against the law and Company policy for any employee to manufacture, distribute, disperse, possess or use controlled substances while engaged in work activity at Company X.

In addition, it is against Company policy for an employee to be under the influence of alcohol while at work.

If the Company has reason to believe that an employee is reporting to work, at work, or on Company property under the influence of drugs or alcohol, the employee, as a condition of continued employment, may be required, upon request of management to:

Submit to search any vehicle brought upon or parked upon the Company premises;

§ Submit to search of any pocket, package, purse, briefcase, tool box, lunch box, or any other container brought upon Company premises; and/or

§ Submit to search of desk, file cabinet, computer system, voice-mail system, etc.

Any employee who is suspected of unauthorized use of controlled substances and alcohol may be required, as a condition of employment, and upon request of management, to submit to blood, urine, and/or breathalizer testing. If requested, the employee must sign a consent form authorizing a medical clinic to withdraw a blood and/or urine specimen or conduct a breathalizer test and release the results of the laboratory test to the Company. Employees may be subject to substance abuse testing if they are:

§ Involved in an accident on Company time or property.

§ Acting in an unusual manner and the Company has probable cause to believe that the employee is under the influence of drugs or alcohol.

If the employee refuses to cooperate with such laboratory testing, a rebuttable presumption shall be created that the employee was working or was at work under the influence of drugs or alcohol. Should discipline be imposed on the employee, the employee shall then have the burden of establishing that he was not at work or working under the influence of drugs or alcohol.

If the Company is required to perform a drug or alcohol test on employees as a condition of a client contract, the employees working on the project (or proposed to work on the project) may be required to submit to the laboratory test without probable cause.

If an employee refuses to submit to the blood, urine and/or breathalizer test under these conditions, he will not be allowed to work on the project. In addition, should an employee refuse to submit to such tests as a condition of a client contract, he may also be limited in work on other Company X projects.

It is the responsibility of the employee to notify Company X of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such a conviction.

ENFORCEMENT

An employee who tests positive for use of illegal drugs, abuse of prescription drugs, or found to be intoxicated or impaired as a result of alcohol consumption, may be subject to discipline up to and including discharge. Such disciplinary actions may also apply to any employee found to be engaged in the manufacturing, distribution, dispensing, possession or use of a controlled substance in the workplace.

REHABILITATION

Any employee who feels that he has developed an addiction to, dependence on, or problem with drugs or alcohol, legal or illegal, is encouraged to seek assistance from a professional care agency or Company X's Employee Assistance Program -- National Resource Consultants, telephone number (800) 999-7222.

REHABILITATION LEAVE

Rehabilitation is the responsibility of the employee. For employees enrolled in a formal treatment program, Company X will provide reasonable accommodation for unpaid rehabilitation leave, provided such accommodation does not cause the Company undue hardship. To be eligible for a rehabilitation leave, the employee must:

§ Request and receive Manager/Supervisor approval.

§ Maintain weekly contact with Manager/Supervisor.

§ Provide certification of continuous enrollment and participation in a formal treatment program.

Upon successful completion of treatment, the Company will attempt to accommodate the employee and return them to active status without reduction of pay. Only one rehabilitation leave will be granted to an employee for the duration of his employment.

ACKNOWLEDGMENT OF RECEIPT OF COMPANY X’S DRUG AND ALCOHOL POLICY STATEMENT

I have been given a copy of, read and understand the Company's Drug and Alcohol Policy and understand that I am required to comply with its terms as a condition of employment.

Employee's (Printed) Name __________________________________________

Employee's Signature ______________________________________

Witnessing Supervisor ____________________________________

Date __________________________________